Section 1: Courts dealing with secure detention

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Article R53-8-40

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

The president of the chamber and the two councillors of the court of appeal who make up the regional court for secure detention belong to the court of appeal within whose jurisdiction this court sits. They are appointed by the first president of the court for a period of three years after consultation with the general assembly of judges.

The first president appoints three alternate members for the same term and in accordance with the same procedures.

The president of the enforcement chamber or the president of the multidisciplinary committee for security measures may not be appointed president of the regional court.

The public prosecutor at the regional court for security retention shall be the public prosecutor.

The registry of the regional court for security retention is provided by the court registry.

The regional court for secure detention shall rule after hearing the views of both parties, during which the public prosecutor, the person concerned and his or her lawyer shall be heard.

The decisions of the regional court are notified, as appropriate, by the director of the prison or his delegate if the person is detained, by the director of the prison services of the socio-medico-judicial security centre or his delegate if the person is detained or by registered letter with acknowledgement of receipt if the person is free.

The president of the regional court may have any examinations, hearings, investigations, expert reports, requisitions or verifications carried out throughout France that are useful for the exercise of its powers.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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